Revisions to the Arizona State Implementation Plan; Pinal County, 17307-17309 [2010-7737]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations
(2) In accordance with 10 U.S.C. 2536,
DoD and the Department of Energy
(DOE) cannot award a contract
involving access to proscribed
information to a contractor effectively
owned or controlled by a foreign
government unless a waiver has been
issued by the Secretary of Defense or
Secretary of Energy.
(3) NIDs may be program-, project-, or
contract-specific. For program and
project NIDs, a separate NID is not
required for each contract. The CSO
may require the GCA to identify all
contracts covered by the NID. NID
decisions shall be made by officials as
specified by CSA policy or as
designated by the agency head.
(4) NID decisions shall be made
within 30 days.
(i) Where no interagency coordination
is required because the department or
agency owns or controls all of the
proscribed information in question, the
GCA shall provide a final documented
decision to the applicable CSO, with a
copy to the contractor, within 30 days
of the date of the request for the NID.
(ii) If the proscribed information is
owned by, or under the control of, a
department or agency other than the
GCA (e.g., National Security Agency
(NSA) for Communications Security, the
Office of the Director of National
Intelligence (ODNI) for Sensitive
Compartmented Information, and DOE
for Restricted Data), the GCA shall
provide written notice to that
department or agency that its written
concurrence is required. Such notice
shall be provided within 30 days of
being informed by the CSO of the
requirement for a NID. The GCA shall
provide a final documented decision to
the applicable CSO, with a copy to the
contractor, within 60 days of the date of
the request for the NID.
(iii) If the NID decision is not
provided within 30 days, per
§ 2004.22(c)(4)(i), or 60 days, per
§ 2004.22(c)(4)(ii), the CSA shall
Local agency
2–8–302
4–2–020
4–2–030
4–4
sroberts on DSKD5P82C1PROD with RULES
4–5
4–7
4–9
16:13 Apr 05, 2010
Dated: March 30, 2010.
William J. Bosanko,
Director, Information Security Oversight
Office.
Approved: March 30, 2010.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2010–7776 Filed 4–5–10; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0521; FRL–9096–8]
Revisions to the Arizona State
Implementation Plan; Pinal County
Environmental Protection
Agency (EPA).
AGENCY:
Rule No.
Pinal County .................................
VerDate Nov<24>2008
intercede to request the GCA to provide
a decision. In such instances, the GCA,
in addition to formally notifying the
CSA of the special circumstances, per
§ 2004.22(c)(1)(iii), will provide the CSA
or its designee with updates at 30-day
intervals. The CSA, or its designee, will,
in turn, provide the contractor with
updates at 30-day intervals until the
NID decision is made.
(5) The CSO shall not delay
implementation of an SSA pending
completion of a GCA’s NID processing,
provided there is no indication that a
NID will be denied either by the GCA
or the owner of the information (i.e.,
NSA, DOE, or ODNI). However, the
contractor shall not have access to
additional proscribed information under
a new contract until the GCA
determines that the release of the
information is consistent with national
security interests and issues a NID.
(6) The CSO shall not upgrade an
existing contractor clearance under an
SSA to Top Secret unless an approved
NID covering the prospective Top Secret
access has been issued.
Jkt 220001
ACTION:
Final rule.
SUMMARY: EPA is finalizing approval of
revisions to the Pinal County portion of
the Arizona State Implementation Plan
(SIP). These revisions were proposed in
the Federal Register on August 17, 2009
and concern particulate matter (PM)
emissions from construction,
earthmoving, and related activities, and
commercial and residential unpaved
parking lots. We are approving these
local rules that regulate these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: Effective Date: This rule is
effective on May 6, 2010.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2009–0521 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jerry
Wamsley, EPA Region IX, (415) 947–
4111, wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 17, 2009 (74 FR 41357),
EPA proposed to approve into the
Arizona SIP the rules listed below.
Rule title
Adopted
Performance Standards—Hayden PM10 Non-attainment Area .......
Fugitive Dust—General .....................................................................
Fugitive Dust—Definitions .................................................................
PM–10 Non-attainment Area Rules; Dustproofing and Stabilization
for Commercial Unpaved Parking, Drive and Working Yards.
PM–10 Non-attainment Area Rules; Stabilization for Residential
Parking and Drives.
Construction Sites in Non-Attainment Areas—Fugitive Dust ...........
Test Methods ....................................................................................
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
17307
E:\FR\FM\06APR1.SGM
06APR1
Submitted
01/07/09
12/04/02
12/04/02
06/03/09
06/12/09
06/12/09
06/12/09
06/12/09
06/03/09
06/12/09
06/03/09
06/03/09
06/12/09
06/12/09
17308
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations
We proposed to approve these rules
because we determined that they
complied with the relevant CAA
requirements. Our proposed action
contains more information on the rules
and our evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received one inquiry as to
how to obtain the Technical Support
Document and other electronic files
related to the rulemaking. We received
no other comments.
sroberts on DSKD5P82C1PROD with RULES
III. EPA Action
No comments were submitted that
change our assessment that the
submitted rules comply with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving these rules
into the Arizona SIP.
Also, on August 17, 2009, we
published an Interim Final
Determination staying and deferring
CAA section 179 sanctions for Pinal
County pending our final action on the
rules listed above (see 74 FR 41340).
With this final approval action, we find
that these rules correct the deficiencies
we described in our August 1, 2007
limited disapproval action (see 72 FR
41896). Consequently, all section 179
sanctions and our Federal
Implementation Plan obligations under
CAA section 110(c) following from our
August 1, 2007 limited disapproval are
terminated upon the effective date of
this final rule action.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
VerDate Nov<24>2008
16:13 Apr 05, 2010
Jkt 220001
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
appropriate circuit by June 7, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: November 24, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Editorial Note: This document was
received in the Office of the Federal Register
on April 1, 2010.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.120 is amended by
adding paragraph (c)(145) to read as
follows:
■
§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(145) New and amended regulations
were submitted on June 12, 2009 by the
Governor’s designee.
(i) Incorporation by Reference.
(A) Pinal County Air Quality Control
District.
(1) Rule 2–8–302, ‘‘Performance
Standards—Hayden PM–10 Nonattainment Area,’’ adopted on January 7,
2009.
(i) Pinal County Board of Supervisors,
Resolution No. 010709–AQ3, Pinal
County Air Quality Control District, ‘‘A
Resolution of the Board of Supervisors
of Pinal County, Adopting Certain
Revisions to the Pinal County Air
Quality Control District Rules, adopted
January 7, 2009; to Wit: Rule 2–8–302
(Performance Standards—Hayden PM10
Nonattainment Area). Rule 4–2–020,
‘‘Fugitive Dust—General,’’ amended on
December 4, 2002. Rule 4–2–030,
‘‘Fugitive Dust—Definitions,’’ amended
on December 4, 2002. Chapter 4, Article
E:\FR\FM\06APR1.SGM
06APR1
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations
4, ‘‘PM–10 Non-attainment Area Rules;
Dustproofing and Stabilization for
Commercial Unpaved Parking, Drive
and Working Yards’’; Section 4–4–100,
‘‘General Provisions,’’ amended on June
3, 2009; Section 4–4–110, ‘‘Definitions,’’
amended on June 3, 2009; Section 4–4–
120, ‘‘Objective Standards,’’ amended on
June 3, 2009; Section 4–4–130, ‘‘Work
Practice Standards,’’ adopted on June 3,
2009; Section 4–4–140, ‘‘Recordkeeping
and Records Retention,’’ adopted on
June 3, 2009. Chapter 4, Article 5, ‘‘PM–
10 Non-attainment Area Rules;
Stabilization for Residential Parking and
Drives’’; Section 4–5–150, ‘‘Stabilization
for Residential Parking and Drives;
Applicability,’’ amended on June 3,
2009; Section 4–5–160, ‘‘Residential
Parking Control Requirement,’’ amended
on June 3, 2009; Section 4–5–170,
‘‘Deferred enforcement date,’’ amended
on June 3, 2009. Chapter 4, Article 7,
‘‘Construction Sites in Non-Attainment
Areas—Fugitive Dust’’; Section 4–7–210,
‘‘Definitions,’’ adopted on June 3, 2009;
Section 4–7–214, ‘‘General Provisions,’’
adopted on June 3, 2009; Section 4–7–
218, ‘‘Applicability; Development
Activity,’’ adopted on June 3, 2009;
Section 4–7–222, ‘‘Owner and/or
Operator Liability,’’ adopted on June 3,
2009; Section 4–7–226, ‘‘Objective
Standards; Sites,’’ adopted on June 3,
2009; Section 4–7–230, ‘‘Obligatory
Work Practice Standards; Sites,’’
adopted on June 3, 2009; Section 4–7–
234, ‘‘Nonattainment-Area Dust Permit
Program; General Provisions,’’ adopted
on June 3, 2009; Section 4–7–238,
‘‘Nonattainment Area Site Permits,’’
adopted on June 3, 2009; Section 4–7–
242, ‘‘Nonattainment Area Block
Permits,’’ adopted on June 3, 2009;
Section 4–7–246, ‘‘Recordkeeping and
Records Retention,’’ adopted on June 3,
2009. Chapter 4, Article 9, ‘‘Test
Methods’’; Section 4–9–320, ‘‘Test
Methods for Stabilization For Unpaved
Roads and Unpaved Parking Lots,’’
adopted on June 3, 2009; Section 4–9–
340, ‘‘Visual Opacity Test Methods,’’
adopted on June 3, 2009.
*
*
*
*
*
[FR Doc. 2010–7737 Filed 4–5–10; 8:45 am]
sroberts on DSKD5P82C1PROD with RULES
BILLING CODE 6560–50–P
VerDate Nov<24>2008
16:13 Apr 05, 2010
Jkt 220001
17309
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
40 CFR Part 272
Docket ID No. EPA–R10–RCRA–2009–
0868. EPA’s policy is that all comments
[EPA–R10–RCRA–2009–0868; FRL–9122–8]
received will be included in the public
docket without change and may be
Idaho: Incorporation by Reference of
made available online at https://
Approved State Hazardous Waste
www.regulations.gov, including any
Management Program
personal information provided, unless
AGENCY: Environmental Protection
the comment includes information
Agency (EPA).
claimed to be Confidential Business
Information (CBI) or other information
ACTION: Direct final rule.
whose disclosure is restricted by statute.
SUMMARY: The Resource Conservation
Do not submit information that you
and Recovery Act, as amended, (RCRA), consider to be CBI or otherwise
allows the Environmental Protection
protected through https://
Agency (EPA) to authorize State
www.regulations.gov or e-mail. The
hazardous waste programs if EPA finds
https://www.regulations.gov Web site is
that such programs are equivalent to
an ‘‘anonymous access’’ system, which
and consistent with the Federal RCRA
means EPA will not know your identity
program and if such programs provide
or contact information unless you
adequate enforcement of compliance.
provide it in the body of your comment.
The regulations are used by EPA to
If you send an e-mail comment directly
codify its decision to authorize
to EPA without going through https://
individual State programs and
www.regulations.gov your e-mail
incorporate by reference those
address will be automatically captured
provisions of the State statutes and
and included as part of the comment
regulations that are subject to EPA’s
that is placed in the public docket and
RCRA inspection and enforcement
made available on the Internet. If you
authorities as authorized provisions of
submit an electronic comment, EPA
the State’s program. This direct final
recommends that you include your
rule revises the codification of the
name and other contact information in
authorized Idaho hazardous waste
the body of your comment and with any
management program and incorporates
disk or CD–ROM you submit. If EPA
by reference authorized provisions of
cannot read your comment due to
the State’s statutes and regulations.
technical difficulties and cannot contact
you for clarification, EPA may not be
DATES: This rule is effective June 7,
able to consider your comment.
2010, unless the EPA receives adverse
comment on this regulation by the close Electronic files should avoid the use of
special characters, any form of
of business May 6, 2010. If the EPA
encryption, and be free of any defects or
receives such comments, EPA will
viruses. For additional information
publish a timely withdrawal of this
about EPA’s public docket visit the EPA
direct final rule in the Federal Register
Docket Center homepage at https://
informing the public that the rule will
www.epa.gov/epahome/dockets.htm.
not take effect. The Director of the
Docket: All documents in the docket
Federal Register approves this
are listed in the https://
incorporation by reference as of June 7,
2010 in accordance with 5 U.S.C. 552(a) www.regulations.gov index. Although
listed in the index, some information is
and 1 CFR part 51.
not publicly available, e.g., CBI or other
ADDRESSES: Submit your comments,
information whose disclosure is
identified by Docket ID No. EPA–R10–
restricted by statute. Certain other
RCRA–2009–0868 by one of the
material, such as copyrighted material,
following methods:
• https://www.regulations.gov: Follow will be publicly available only in hard
copy. Publicly available docket
the on-line instructions for submitting
materials are available either
comments.
electronically in https://
• E-mail: hedgpeth.zach@epa.gov.
www.regulations.gov or in hard copy at
• Mail: Zach Hedgpeth, U.S. EPA,
the EPA Region 10 Library, 1200 Sixth
Region 10, 1200 Sixth Avenue, Suite
Avenue, Seattle, Washington 98101.
900, Mail Stop AWT–122, Seattle,
This Docket Facility is open from 9 a.m.
Washington 98101.
• Hand Delivery: Zach Hedgpeth, U.S. to noon, and 1 to 4 p.m. Monday
through Friday, excluding legal
EPA, Region 10, 1200 Sixth Avenue,
Suite 900, Mail Stop AWT–122, Seattle, holidays. The library telephone number
is 206–553–1289.
Washington 98101. Such deliveries are
only accepted during the normal
FOR FURTHER INFORMATION CONTACT:
business hours of operation; special
Zach Hedgpeth, U.S. EPA, Region 10,
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
E:\FR\FM\06APR1.SGM
06APR1
]]>Agencies
[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Rules and Regulations]
[Pages 17307-17309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7737]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0521; FRL-9096-8]
Revisions to the Arizona State Implementation Plan; Pinal County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing approval of revisions to the Pinal County
portion of the Arizona State Implementation Plan (SIP). These revisions
were proposed in the Federal Register on August 17, 2009 and concern
particulate matter (PM) emissions from construction, earthmoving, and
related activities, and commercial and residential unpaved parking
lots. We are approving these local rules that regulate these emission
sources under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: Effective Date: This rule is effective on May 6, 2010.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2009-0521 for
this action. The index to the docket is available electronically at
https://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415)
947-4111, wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 17, 2009 (74 FR 41357), EPA proposed to approve into the
Arizona SIP the rules listed below.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
Pinal County............................. 2-8-302 Performance Standards--Hayden 01/07/09 06/12/09
PM10 Non-attainment Area.
4-2-020 Fugitive Dust--General.......... 12/04/02 06/12/09
4-2-030 Fugitive Dust--Definitions...... 12/04/02 06/12/09
4-4 PM-10 Non-attainment Area Rules; 06/03/09 06/12/09
Dustproofing and Stabilization
for Commercial Unpaved Parking,
Drive and Working Yards.
4-5 PM-10 Non-attainment Area Rules; 06/03/09 06/12/09
Stabilization for Residential
Parking and Drives.
4-7 Construction Sites in Non- 06/03/09 06/12/09
Attainment Areas--Fugitive Dust.
4-9 Test Methods.................... 06/03/09 06/12/09
----------------------------------------------------------------------------------------------------------------
[[Page 17308]]
We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we received one inquiry as to how to obtain the
Technical Support Document and other electronic files related to the
rulemaking. We received no other comments.
III. EPA Action
No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the Arizona SIP.
Also, on August 17, 2009, we published an Interim Final
Determination staying and deferring CAA section 179 sanctions for Pinal
County pending our final action on the rules listed above (see 74 FR
41340). With this final approval action, we find that these rules
correct the deficiencies we described in our August 1, 2007 limited
disapproval action (see 72 FR 41896). Consequently, all section 179
sanctions and our Federal Implementation Plan obligations under CAA
section 110(c) following from our August 1, 2007 limited disapproval
are terminated upon the effective date of this final rule action.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 7, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: November 24, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Editorial Note: This document was received in the Office of the
Federal Register on April 1, 2010.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Section 52.120 is amended by adding paragraph (c)(145) to read as
follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(145) New and amended regulations were submitted on June 12, 2009
by the Governor's designee.
(i) Incorporation by Reference.
(A) Pinal County Air Quality Control District.
(1) Rule 2-8-302, ``Performance Standards--Hayden PM-10 Non-
attainment Area,'' adopted on January 7, 2009.
(i) Pinal County Board of Supervisors, Resolution No. 010709-AQ3,
Pinal County Air Quality Control District, ``A Resolution of the Board
of Supervisors of Pinal County, Adopting Certain Revisions to the Pinal
County Air Quality Control District Rules, adopted January 7, 2009; to
Wit: Rule 2-8-302 (Performance Standards--Hayden PM10 Nonattainment
Area). Rule 4-2-020, ``Fugitive Dust--General,'' amended on December 4,
2002. Rule 4-2-030, ``Fugitive Dust--Definitions,'' amended on December
4, 2002. Chapter 4, Article
[[Page 17309]]
4, ``PM-10 Non-attainment Area Rules; Dustproofing and Stabilization
for Commercial Unpaved Parking, Drive and Working Yards''; Section 4-4-
100, ``General Provisions,'' amended on June 3, 2009; Section 4-4-110,
``Definitions,'' amended on June 3, 2009; Section 4-4-120, ``Objective
Standards,'' amended on June 3, 2009; Section 4-4-130, ``Work Practice
Standards,'' adopted on June 3, 2009; Section 4-4-140, ``Recordkeeping
and Records Retention,'' adopted on June 3, 2009. Chapter 4, Article 5,
``PM-10 Non-attainment Area Rules; Stabilization for Residential
Parking and Drives''; Section 4-5-150, ``Stabilization for Residential
Parking and Drives; Applicability,'' amended on June 3, 2009; Section
4-5-160, ``Residential Parking Control Requirement,'' amended on June
3, 2009; Section 4-5-170, ``Deferred enforcement date,'' amended on
June 3, 2009. Chapter 4, Article 7, ``Construction Sites in Non-
Attainment Areas--Fugitive Dust''; Section 4-7-210, ``Definitions,''
adopted on June 3, 2009; Section 4-7-214, ``General Provisions,''
adopted on June 3, 2009; Section 4-7-218, ``Applicability; Development
Activity,'' adopted on June 3, 2009; Section 4-7-222, ``Owner and/or
Operator Liability,'' adopted on June 3, 2009; Section 4-7-226,
``Objective Standards; Sites,'' adopted on June 3, 2009; Section 4-7-
230, ``Obligatory Work Practice Standards; Sites,'' adopted on June 3,
2009; Section 4-7-234, ``Nonattainment-Area Dust Permit Program;
General Provisions,'' adopted on June 3, 2009; Section 4-7-238,
``Nonattainment Area Site Permits,'' adopted on June 3, 2009; Section
4-7-242, ``Nonattainment Area Block Permits,'' adopted on June 3, 2009;
Section 4-7-246, ``Recordkeeping and Records Retention,'' adopted on
June 3, 2009. Chapter 4, Article 9, ``Test Methods''; Section 4-9-320,
``Test Methods for Stabilization For Unpaved Roads and Unpaved Parking
Lots,'' adopted on June 3, 2009; Section 4-9-340, ``Visual Opacity Test
Methods,'' adopted on June 3, 2009.
* * * * *
[FR Doc. 2010-7737 Filed 4-5-10; 8:45 am]
BILLING CODE 6560-50-P
